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- Holiday Leave in the Light of the Labor Code – regulations on the threshold of changeATTENTION !!! automatic translation from Polish The issue of vacation leave is currently regulated by the provisions of the Labor Code. According to art. 154 § 1 of the Labor Code, the amount of vacation leave depends on the length of service and is: • 20 days – for employees employed for less than 10… Dowiedz się więcej: Holiday Leave in the Light of the Labor Code – regulations on the threshold of change
- Additional remuneration for termination of employment by mutual consent and social security contributionsAccording to the letter of the Social Insurance Institution Headquarters of 22 November 2013 (case reference Dl/100000/451/1371/2013), additional benefits granted to an employee in connection with termination of employment by mutual consent should not be subject to social security contributions. This position definitely improves the situation of employees who have agreed to end cooperation with… Dowiedz się więcej: Additional remuneration for termination of employment by mutual consent and social security contributions
- Lack of work due to the employer’s faultIn the Supreme Court’s judgment of 30 January 2024 (II PSKP 1/22), work performed in excess of the employee’s working time standards cannot therefore not include those periods of the statutory working time standard in which the employee is ready to perform the agreed work, but does not perform it for organizational reasons attributable to… Dowiedz się więcej: Lack of work due to the employer’s fault
- Employment of members of the cooperative’s management boardIn accordance with the decision of the Supreme Court of 10 December 2024 (III PSK 125/24), Article 52 § 1 of the 1982 Act – Cooperative Law is not a separate provision within the meaning of Article 68 § 1 of the Labour Code. This means that members of the cooperative’s management board cannot be… Dowiedz się więcej: Employment of members of the cooperative’s management board
- Termination of the replacement contractThe plaintiff entered into an employment contract with the defendant for the period of replacement. The content of the contract indicated that the employer had been employing the plaintiff since August 20, 2018 for the period of A. T.’s justified absence from work. During the above period, the plaintiff was to be employed full-time, as… Dowiedz się więcej: Termination of the replacement contract
- Payment of a non-competition agreementAccording to the Supreme Court decision of October 23, 2024 (III PSK 124/23), a non-competition agreement, after the termination of the employment relationship, is a paid agreement. The legislator protects the benefit due to the employee. This results from art. 1012 § 3 of the Labor Code, in which its guaranteed amount is specified. On… Dowiedz się więcej: Payment of a non-competition agreement
- The role of Voluntary Labor Corps in PolandVoluntary Labor Corps is an institution established under the provisions of employment promotion and labor market institutions, the aim of which is to support young people in employment and counteract marginalization and social exclusion. Voluntary Labor Corps are a state budget unit, and their activities are supervised by the minister responsible for labor. The activities… Dowiedz się więcej: The role of Voluntary Labor Corps in Poland
- Employment contract with a member of the management board of a cooperativeIn its judgment of 14 December 2023 (I PSKP 34/22), the Supreme Court recalled that starting from 22 February 2016, it is not possible to conclude an employment contract with a member of the management board of a cooperative (or a capital company, respectively) for a fixed term equal to the period of performing the… Dowiedz się więcej: Employment contract with a member of the management board of a cooperative
- The principle of employee loyalty in the Labor CodeEmployee loyalty towards the employer is one of the basic obligations of the employee listed in art. 104 §2 point 4 of the Labor Code. By the so-called principle of employee loyalty, the Code understands the obligation to take care of the good of the workplace, protect its property and keep confidential information, the disclosure… Dowiedz się więcej: The principle of employee loyalty in the Labor Code
- Implementation of the principle of employee rights protection in court proceedingsAs a rule, an employee may pursue their rights before a common court or a conciliation commission. In the event of initiating proceedings before a conciliation commission, legal recourse becomes temporarily inadmissible. However, if no settlement is reached before the conciliation commission, or the employee wishes to consider the concluded agreement ineffective or withdraws the… Dowiedz się więcej: Implementation of the principle of employee rights protection in court proceedings
- Ordinal responsibility of employeesOrdinal responsibility of employees is one of three types of responsibility that rests with the employee. It includes the employee’s compliance with the established organization and order in the work process, occupational health and safety regulations, fire protection regulations, as well as the adopted method of confirming arrival and presence at work and justifying absence… Dowiedz się więcej: Ordinal responsibility of employees
- Occupational diseaseIn the judgment of April 9, 2024, the Provincial Administrative Court in Kraków (III SA/Kr 1750/23) recalled that the concept of „occupational disease” is therefore a legal concept with a statutory definition. The above-mentioned provision states that in order to recognize a disease as an occupational disease, it is necessary for the diagnosed disease to… Dowiedz się więcej: Occupational disease
- Liability for property entrusted to an employeeLiability for property entrusted to an employee by the employer is regulated in Articles 124-127 of the Labor Code. For liability to arise, the property must be entrusted to the employee with the obligation to return it. The employee is responsible for the full value of the property entrusted with the obligation to return it.… Dowiedz się więcej: Liability for property entrusted to an employee
- Employee’s liability for damage caused to the employerThe concept and scope of responsibility Employee liability is all personal and property consequences provided for by law due to non-performance or improper performance of employee duties. It is divided into organizational and material liability, which includes liability for damage caused to the employer and liability for property entrusted to the employee by the employer.… Dowiedz się więcej: Employee’s liability for damage caused to the employer
- Basics of the remote work principle specified in the Labor CodeJust 4 years ago, remote work, although practiced, was a kind of employee exotic. The pandemic experience has led to a sharp increase in people working remotely. Currently, it is practically equivalent to the traditional form of work. The legislator, who regulated remote work in an extensive amendment to the Labor Code, could not be… Dowiedz się więcej: Basics of the remote work principle specified in the Labor Code
- Prohibition of additional workIn certain situations, from the employer’s point of view, it is beneficial to limit the possibility of taking up additional work by its employees, e.g. for fear of physical fatigue of the employee, distraction related to other paid work, or due to personal limits on working time (e.g. . applicable to professional drivers or juvenile… Dowiedz się więcej: Prohibition of additional work
- National Labor Inspectorate – tasks and powers.The employee’s rights and the employer’s resulting obligations would be purely fictitious if there were no institutions supervising their implementation. In addition to labor courts, which generally ensure compliance with labor law standards, supervision is exercised by a specialized state body, the National Labor Inspectorate. The National Labor Inspectorate is the body established to supervise… Dowiedz się więcej: National Labor Inspectorate – tasks and powers.
- A fixed-term contract instead of an open-ended contractIn the decision of February 22, 2023 (I PSK 48/22), the Supreme Court stated that recognizing the termination of an illegally concluded long-term fixed-term employment contract upon the expiry of the period for which it was concluded (Article 30 § 1 point 4 of the Labor Code) does not does not exclude or destroy the… Dowiedz się więcej: A fixed-term contract instead of an open-ended contract
- Remote work in the Labor CodeThe amendment to the Labor Code, which entered into force on April 7, 2023, structured the institution of remote work in the Polish legal system. The urgent need to regulate the status of remote work resulted from the significant spread of this form of work during the Covid-19 pandemic. Remote work in accordance with the… Dowiedz się więcej: Remote work in the Labor Code
- Working time distributionAccording to the Labor Code, working time is the time during which the employee is at the employer’s disposal or in another place designated for work (Article 128 of the Labor Code). Labor law protects employees against arbitrary time setting. One of the employer’s obligations is to prepare a work schedule according to which the… Dowiedz się więcej: Working time distribution
- Conditions for diagnosing an occupational diseaseIn the judgment of August 10, 2023, the Provincial Administrative Court in Łódź (III SA/Łd 273/23) ruled that any doubts that cannot be removed should not be interpreted to the detriment of an employee employed in conditions that expose him to illness. The authorities examining the case should not only rely on medical certificates, but… Dowiedz się więcej: Conditions for diagnosing an occupational disease
- Working time systemShaping systems and schedules of working time is one of the elements of the employer’s managerial powers. This was confirmed by the Supreme Court in the judgment of March 25, 1977, I PZP 60/76 (LEX No. 14372), in which it stated that „organizing the work process (…) belongs to the dispositional powers of the management… Dowiedz się więcej: Working time system
- Work regulationsWork regulations are an internal source of labor law. As indicated by Art. 104 § 1 of the Labor Code, it determines the organization and order of work, as well as the rights and obligations of the parties to the employment relationship, i.e. the employer and the employee. An employer employing at least 50 employees… Dowiedz się więcej: Work regulations
- Outwork contract – selected issuesThe homework contract, hereinafter referred to as the contract, should be concluded in writing, specifying the type of contract and its basic conditions, in particular the type of work and the date of its commencement, as well as the principles of remuneration. The contract is concluded for a trial period, for a definite period, for… Dowiedz się więcej: Outwork contract – selected issues
- Reasons for recognizing an employee’s behavior as a serious breach of a basic employee dutyJurisprudence and legal science indicate that the employee’s behavior justifying the termination of the employment contract by the employer pursuant to Art. 52 § 1 point 1 of the Labor Code, w should be unlawful, culpable and infringing or threatening the interests of the employer. In one of the cases examined by the Supreme Court,… Dowiedz się więcej: Reasons for recognizing an employee’s behavior as a serious breach of a basic employee duty
- The method of determining compensation for an employee for termination or dismissal without notice inconsistent with the provisions of the labor lawTermination of the employment relationship may be the result of termination or expiration through the lapse of time for which the contract was concluded. In the first case, the employment relationship ends under an agreement concluded between the employer and the employee or as a result of termination of the contract by one of the… Dowiedz się więcej: The method of determining compensation for an employee for termination or dismissal without notice inconsistent with the provisions of the labor law
- Abuse of law in labor lawOne of the provisions of the preliminary provisions of the Labor Code is Art. 8, which is equivalent to Art. 5 k.c. It contains two equivalent and separate, though interrelated, general clauses – the socio-economic purpose of law and the principles of social coexistence. By introducing indefinite phrases into the text of a legal act,… Dowiedz się więcej: Abuse of law in labor law
- Protection of employees on parental leaveProtection against termination of the employment contract was also granted to employees on parental leave. According to Art. 1868 of the Labor Code, the employer may not terminate or terminate the employment contract in the period from the date of submission of the application by the employee entitled to parental leave to the date of… Dowiedz się więcej: Protection of employees on parental leave
- Protection of young workersInadequate working conditions may have a negative impact on the psychophysical development of children and youth, which is why the legislator limited the possibility of employing them and at the same time provided for certain protective guarantees for them. Provisions concerning the employment of juveniles are contained in the ninth section of the Labor Code.… Dowiedz się więcej: Protection of young workers
- Protection of trade union membersTrade union activists are exposed to unfavorable treatment by the employer, as they represent the interests of employees, which are often in conflict with the interests of the employer, and therefore they are subject to special protection. As indicated by Art. 32 sec. 1 of the Act on trade unions, without the consent of the… Dowiedz się więcej: Protection of trade union members
news:
- Holiday Leave in the Light of the Labor Code – regulations on the threshold of change
- Additional remuneration for termination of employment by mutual consent and social security contributions
- Lack of work due to the employer’s fault
- Employment of members of the cooperative’s management board
- Termination of the replacement contract
- Payment of a non-competition agreement
- The role of Voluntary Labor Corps in Poland
- Employment contract with a member of the management board of a cooperative
- The principle of employee loyalty in the Labor Code
- Implementation of the principle of employee rights protection in court proceedings
- Ordinal responsibility of employees
- Occupational disease
- Liability for property entrusted to an employee
- Employee’s liability for damage caused to the employer
- Basics of the remote work principle specified in the Labor Code
- Prohibition of additional work
- National Labor Inspectorate – tasks and powers.
- A fixed-term contract instead of an open-ended contract
- Remote work in the Labor Code
- Working time distribution
- Conditions for diagnosing an occupational disease
- Working time system
- Work regulations
- Outwork contract – selected issues
- Reasons for recognizing an employee’s behavior as a serious breach of a basic employee duty
- The method of determining compensation for an employee for termination or dismissal without notice inconsistent with the provisions of the labor law
- Abuse of law in labor law
- Protection of employees on parental leave
- Protection of young workers
- Protection of trade union members
- Protection of pregnant women
- Protection of an employee in pre-retirement age
- Notice periods for the employment contract
- Absence from work as a „fundamental breach of basic duties” in the case of a disciplinary dismissal
- Termination of the employment contract
- Discretionary award and bonus
- Can a foreign divorce judgment be recognized if there is no fault found?
- Vaccination obligation for individual professional groups
- Reimbursement of training costs under Art. 103 (5) of the Labor Code
- Restoration of working and pay conditions
- Non-competition after termination of employment.
- Can unauthorised absence from work be the basis for disciplinary dismissal?
- Limitation and strict deadlines labor law
- Restrictions on determining remuneration for work
- Can an employee terminate an employment contract by e-mail?
- Equal pay for women and men
- TELEPENDING AND REMOTE WORK
- Dismissal for reasons beyond the control of the employee
- Employment contract and civil law contracts
- Remuneration regulations and work regulations
- Staff training
- The obligation to indicate the criteria for selecting an employee for dismissal
- Equivalence for annual leave for an employee dismissed from discipline
- Cutting jobs in the reform of public administration offices and institutions
- Fake employment contract and reimbursement of unduly received benefits
- Replacing a B2B contract with a full-time job
- Reprehensible behavior of an employee and the prohibition of competition
- Overlapping Worker Compensation Claims
- Exemption from the obligation to work
- Compensation to the employer for the termination of an employment contract by the employee without notice
- Does the employer have the right to dismiss an employee based on a sobriety test?
- Tips
- Who can create and join trade unions?
- An accident at work or on the way to work
- Employment of a partner and board member on the basis of an employment contract.